VET Student Loans Act 2016

PART 3 - PAYING AND REPAYING LOAN AMOUNTS  

Division 2 - Repaying loan amounts  

SECTION 22   WHEN COURSE PROVIDER MUST REPAY LOAN AMOUNT  

22(1)    
The course provider must pay to the Commonwealth an amount equal to a loan amount that was:

(a) used to pay tuition fees for a student for a course; and

(b) re-credited to the student ' s HELP balance under Division 2 or 3 of Part 6 .

Note:

If a student ' s HELP balance is re-credited under Division 2 or 3 of Part 6 , the student ' s VETSL debt is taken to be remitted to the extent to which the debt relates to the loan amount concerned: see section 23BA . (For remission of debts incurred before 1 July 2019, see section 137-19 of the Higher Education Support Act 2003 ).

22(2)    
A course provider must pay to the Commonwealth an amount equal to any amount that was purportedly paid to the provider under this Act that was not payable.

22(3)    
A course provider must pay to the Commonwealth an amount equal to any amount paid to the provider that exceeded a provider fee limit imposed on the provider.

Note:

For provider fee limit , see subsection 34(3).

22(4)    
An amount that a course provider must pay under this section is a debt due to the Commonwealth by the provider.

22(5)    
The Commonwealth may recover the debt from one or more loan amounts that would otherwise be payable to the course provider in relation to a student.

22(6)    
If a debt is recovered from a loan amount that is otherwise payable in relation to a student, the amount recovered is taken to have been paid to the course provider in relation to the student.